End User License Agreement

This end user license agreement is a legal contract between you ("Licensed to" defined above) and the Author.

Definition

The following terms have the following meanings:

Software means REQCHECKER™ product developped by Author.

License means the license to use the Software as set out in this document.

Author means KHILOGIC company incorporated in France under company number 814 999 629.

End Of Maintenance means the end of maintenance service.

Upgrade means an updated version of the Software.

BY DOWNLOADING, INSTALLING, USING, COPYING THIS SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT (INCLUDING THE SOFTWARE LICENSE AND DISCLAIMER OF WARRANTY) WITH THE AUTHOR THE OWNER OF ALL RIGHTS IN RESPECT OF THE SOFTWARE. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS LICENSE THEN DO NOT DOWNLOAD, INSTALL, USE OR COPY THE SOFTWARE.

License

THIS DOCUMENT CONSTITUES A LICENSE TO USE THE SOFTWARE ON THE TERMS AND CONDITIONS APPEARING BELOW. THE SOFTWARE IS LICENSED, NOT SOLD. The Software is Copyright by the Author. The Software is protected by both the French legislation and international copyright treaty provisions.

The Author grants you a non-exclusive, non-transferable license to use the Software for the following purposes and in the following manner:

You may NOT resell, charge for, sub-license, rent, lease, loan or distribute the Software without our prior written consent. We reserve the right to withdraw any such consent (or part thereof) for any reason and without notice and to demand that you immediately cease any activity in respect of which permission is withdrawn.

You may NOT repackage, translate, adapt, vary, modify, alter, create derivative works based upon, or integrate any other computer programs with, the Software in whole or in part.

You may NOT use the Software to engage in or allow others to engage in any illegal activity.

You may NOT transfer or assign your rights or obligations under this License to any person.

The Software contains trade secrets and to protect them you may NOT decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software except to the extent that you may be expressly permitted to reverse engineer or decompile under applicable law.

You are NOT permitted to grant any sub-licenses of the Software.

The Author reserves the right to revoke the above distribution right at any time, for any or no reason.

You may NOT use the Software in corporate or commercial environments (applicable for REQCHECKER™ FREE or REQCHECKER™ PRO Trial license only).

Ownership

The Software is licensed to you for use only upon the terms of this license. The Author retains ownership of all copies of the Software. All rights of any kind in the Software which are not expressly granted in this Agreement are entirely and exclusively reserved to and by the Author. REQCHECKER™ is a trademark of the Author.

Node-locked license

The commercial versions of the Software contains technical protections that restrict use to certain equipment, to a single personal computer or workstation, or to a certain time period, and may provide other restrictions, all of which shall be consistent with the License.

REQCHECKER™ PRO Standard and REQCHECKER™ PRO CL licenses are node-locked: the software is licensed for use on a predetermined physical computer. You may install it only on the allowed computer, you may use it only on the allowed computer, and you may access it only by users who are physically present at this allowed computer.

REQCHECKER™ PRO Floating and REQCHECKER™ PRO CL Floating licenses require a dynamic activation key produced by SGML License Manager. This license is not node locked. SGML License Manager itself is node-locked: the software is licensed for use on a predetermined physical computer. You may install it only on the allowed computer, you may use it only on the allowed computer, and you may access it only by users who are physically present at this allowed computer.

Maintenance Option

The Author does not provide any support, Upgrade or other kind of services for the Software under this EULA. You have no rights to any support, Upgrades or extensions or enhancements to the Software developed by the Author unless you separately purchase Maintenance Option.
The Maintenance Option is available from the date of the payment of the maintenance option fee until the End Of Maintenance date. During this period, the following services are available:

UPGRADE: the new version of the software published during the period may be licensed to you by the Author

CORRECTIVE MAINTENANCE: You agree that you have tested the Software with its TRIAL version and that you accept it as is. Nevertheless the Upgrades includes some bug correction when decided by the Author.

You agree with the following limitations:

the Author has no obligation to provide any Upgrade during the period,

the Author has no obligation regarding any response time or accuracy,

The Author has no obligation to provide any support services,

The terms of this agreement will govern any Upgrade of the Software provided by the Author and the previous EULA becomes void and unenforceable.

Third party

You agree with the Third Party Software notices distributed with the Software.

Termination

This license is effective until terminated. The License will terminate automatically without notice from The Author if you fail to comply with any provision of this License. Upon termination you must destroy the Software and all copies thereof. You may terminate this License at any time by destroying the Software and all copies thereof. Upon termination of this license for any reason you shall continue to be bound by the provisions of Section 2 above. Termination will be without prejudice to any rights The Author may have as a result of this agreement.

Disclaimer of Warranty

TO THE FULL EXTENT PERMITTED BY LAW, THE AUTHOR HEREBY EXCLUDES ALL CONDITIONS AND WARRANTIES, WHETHER IMPOSED BY STATUTE OR BY OPERATION OF LAW OR OTHERWISE, NOT EXPRESSLY SET OUT HEREIN. THE SOFTWARE, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS ARE DISTRIBUTED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE AUTHOR DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK OF USING THE SOFTWARE IS ASSUMED BY YOU. THE AUTHOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE AUTHOR, IT'S DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

Limitation of Remedies

IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, AND THE LOSS OF BUSINESS INFORMATION OR COMPUTER PROGRAMS), EVEN IF THE AUTHOR OR ANY THE AUTHOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT DOES THE AUTHOR AUTHORISE YOU TO USE THE SOFTWARE IN SITUATIONS WHERE FAILURE OF THE SOFTWARE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE BY YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD THE AUTHOR HARMLESS FROM ANY CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORISED USE.

You agree that you have tested the Software with its FREE or TRIAL version. No refund is allowed after ordering.

Governing laws - jurisdiction

This Agreement shall be construed, interpreted, and applied in accordance with the French Law. The Courts of Paris, France shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to this Agreement.

If any part of this License is found to be void and unenforceable it will not affect the validity of the remainder of this License, which shall remain valid and enforceable according to its terms.